Bill Text: OR SB697 | 2013 | Regular Session | Introduced

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Bill Title: Relating to tattooing.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB697 Detail]

Download: Oregon-2013-SB697-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2758

                         Senate Bill 697

Sponsored by COMMITTEE ON JUDICIARY

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Prohibits person not licensed to perform tattooing from
possessing equipment used for tattooing with intent to use that
equipment on another person.
  Establishes mandatory minimum sentences for performing or
attempting to perform tattooing on person under 18 years of age
without being licensed.
  Specifies that person under 18 years of age, or parent of legal
guardian of person under 18 years of age, has cause of action for
such violation. Specifies that damages include removal of
tattoos.

                        A BILL FOR AN ACT
Relating to tattooing; creating new provisions; and amending ORS
  690.360 and 690.992.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 690.360 is amended to read:
  690.360. (1) A person may not:
  (a) Perform or attempt to perform services in a field of
practice without a license to perform services in that field of
practice;
  (b) Perform or attempt to perform services in a field of
practice outside of a licensed facility;
  (c) Display a sign or in any way advertise or purport to offer
services in a field of practice without   { - a license - }
 { + being licensed under ORS 690.365 + } to perform services in
that field of practice;
  (d) Operate a facility, display a sign or in any way advertise
or purport to offer services in a field of practice in a facility
without a license to operate a facility or a temporary license to
operate a facility;
  (e) Knowingly make a false statement on an application to
obtain or renew a license;
  (f) Allow an individual in the employ or under the supervision
or control of the person to perform services in a field of
practice without a license to perform services in that field of
practice;
  (g) Sell, barter or offer to sell or barter a document
evidencing a license;
  (h) Purchase or procure by barter a document evidencing a
license with intent to use the document as evidence of the

person's qualification to provide services in a field of
practice;
  (i) Materially alter with fraudulent intent a license or
temporary license;
  (j) Use or attempt to use as valid a fraudulently obtained,
counterfeited or materially altered license or temporary license;
  { - or - }
  (k) Use or attempt to use as valid a fraudulently obtained,
counterfeited or materially altered license or temporary license
 { - . - }  { + ; or
  (L) Possess equipment used for tattooing with the intent to use
that equipment on another person without being licensed under ORS
690.365 to perform tattooing. + }
  (2) ORS 690.350 to 690.415 do not limit, preclude or otherwise
interfere with the practice of other persons or health care
providers licensed in this state.
  (3) Subsection (1)(a), (b) or (d) of this section does not
apply to:
  (a) A student while engaged in training at the direction of and
under the direct supervision of the faculty of a school licensed
under ORS 345.010 to 345.450 to teach a field of practice; or
  (b) An individual self-administering body piercing.
  SECTION 2. ORS 690.992 is amended to read:
  690.992. (1) Violation of ORS 690.015 is a Class B misdemeanor.
    { - (2) - }   { + (2)(a) + } Violation of ORS 690.360 is a
Class A misdemeanor.
   { +  (b) A person who violates ORS 690.360 (1)(a) by
performing or attempting to perform tattooing on a person under
18 years of age is subject to the following mandatory minimum
sentences:
  (A) For a person's first conviction, a fine in the amount of
$2,500.
  (B) For a person's second conviction, a term of incarceration
of at least four days and a fine in the amount of $4,000.
  (C) For a person's third or subsequent conviction, a term of
incarceration of at least 10 days and a fine in the amount of
$5,000. + }
  SECTION 3.  { + Section 4 of this 2013 Act is added to and made
a part of ORS 690.350 to 690.415. + }
  SECTION 4.  { + (1) A person under 18 years of age, or the
parent or legal guardian of a person under 18 years of age, shall
have a cause of action for damages against a person who violates
ORS 690.360 (1)(a) by performing or attempting to perform
tattooing on the person under 18 years of age. If the claimant
prevails in an action brought under this section, the claimant
shall be awarded reasonable court costs and attorney fees.
  (2) For purposes of subsection (1) of this section, ' damages'
includes payment for removal of tattoos from the person under 18
years of age that are the result of a violation for which relief
is sought. + }
  SECTION 5.  { + Section 4 of this 2013 Act and the amendments
to ORS 690.360 and 690.992 by sections 1 and 2 of this 2013 Act
apply to conduct occurring on or after the effective date of this
2013 Act. + }
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